Etwaram v. Lalo Bai

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (227) No.613 of 2016 Etwaram S/o Bhaira, aged about 44 years, caste Pahadi Korwa, R/o Village Chhichhli, P.H.No.13, R.I.C. Sanna, Tahsil Bagicha, District Jashpur (CG) ---- Petitioner

Versus

1.

Lalo Bai D/o Lal Biharu, Caste Korwa, R/o Village Chhichhli-R, Tahsil Bagicha, District Jashpur (CG) 2.

Surendra Sao 3.

Kameshwar Sao, Both are R/o Village Chhichhli-R, Tahsil Bagicha, District Jashpur (CG) ---- Respondents For Petitioner :

Mr.H.B.Agrawal, Senior Advocate with Mr.J.K.Saxena, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19/10/2016

1. The petitioner has approached directly before this Court challenging the order dated 23.5.2014 passed by the Sub Divisional Officer (Revenue), Bagicha stating that without noticing and without hearing him in the said proceedings the impugned order has been passed by the SDO.

2. Learned Senior Advocate appearing for the petitioner would submit that the petitioner may be allowed to prefer an appeal before the Appellate Authority with the leave of the Appellate Authority to prefer an appeal.

3. Since the order passed by the Sub Divisional Officer (Revenue),

Bagicha is appealable, the petitioner is permitted to prefer an appeal before the Appellate Authority with leave of the Appellate Authority of appeal within ten days from today.

4. Since the petitioner was not impleaded as a party before the Sub Divisional Officer (Revenue), Bagicha, the Appellate Authority would permit the petitioner to prefer an appeal and that appeal will be heard and disposed of on its merits in accordance with law. For the period of ten days, no coercive steps shall be taken against the petitioner.

5. With the aforesaid observation, the writ petition stands disposed of. Certified copy of the order impugned be returned to counsel for the petitioner after furnishing duly attested photocopy of the same.

6. Certified copy by tomorrow.

Sd/- (Sanjay K. Agrawal) Judge B/-